Judgment Search Results Home > Cases Phrase: drugs and cosmetics act 1940 23 of 1940 section 7a sections 5 and 7 not to apply to ayurvedic siddha or unani drugs Page 15 of about 147 results (0.240 seconds)

Rattan Kumar Adhikari Vs. State and anr.

Court : Delhi

Reported in : 34(1988)DLT230

..... (1) the petitioner is aggrieved of an order dated 3rd of june 1985 by which he was convicted under section 27(a) of the drugs and cosmetics act and was sentenced to undergo six months' simple imprisonment and to payment of fine of rs. ..... the contention mainly is that the plea of guilty recorded by the court below is not voluntary and that he was not forwarded by the court of the consequences of the plea of guilty. ..... the remedy provided to the petitioner in law has been exhausted by him and it appears from the record of the case that the contention in respect of the voluntary na,lur of the contention was not raised before the revisional court and it came to the mind of the petitioner late in the day as it has for the first time been raised before this court. ..... shall not be entertained but that does not mean that this court has no power to interfere under section 482 if it is necessary to interfere in the interest of justice. ..... kohli urged that the petitioner is not entitled to come to this court under section 482 cr. p.c. ..... (2) the petitioner has now come up before this court under section 482 of the code of criminal procedure for quashing the order resulting in his conviction and sentence. ..... does not confer a right upon the petitioner it only confers a power upon this court to exercise its inherent jurisdiction where it finds a gross abuse of the process of the court of palpable miscarriage of justice. ..... p.c it is not proper to allow him to seek interference by this court. .....

Harshila Lodha and anr. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2002CriLJ4054; RLW2003(2)Raj1191; 2002(4)WLC312; 2002(4)WLN543

..... vimla lodha against the order dated 18.31996 taking cognizance of the offences under section 27(b), 27(d), and 28(a) of the drugs and cosmetics act, 1940 (hereinafter referred to as 'the act') against the petitioners and against the order dated 12.8.1999 rejecting the application under section 34 of the act passed by the learned chief judicial magistrate, udaipur in criminal case no. 23/96.2. ..... the main contention of the learned counsel for the petitioners is that in view of the clear provisions of section 34 of the act neither the cognizance could have been taken against the petitioners nor they could be proceeded against for the alleged offences in this case because they are only sleeping partners and are not in any way directly responsible for the conduct of the business of the firm. ..... it will be noticedthat the word 'company' includes a firm or other association, andthe same test must apply to a director in- charge and a partner of afirm in-charge of a business. ..... it is evident from the affidavit of shailendra lodha, at the time of registration of the firm, which is on record to the case, that he undertook to be responsible for the affairs of the said firm for the purpose of section 34 of the act to which the said firm and its partners/manager is held liable for any act, and omission, punishable under the act and other enactments enforced by drugs controller and director of medical and health services (fw) himself or by any officer subordinate to him authorised to do so by law.13. .....

Dilip K. Singh Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : (2001)9SCC373

..... obtained a licence under the drugs and cosmetics act, 1940 for manufacturing ayurvedic medicines in form no. ..... submitted that the application of the appellant should have been decided on its own merits and could not have been rejected on the ground that other manufacturers in the districts of saran and vaishali were not manufacturing ayurvedic preparations containing alcohol to their full installed capacity.6. ..... application was rejected by the commissioner on the ground that the manufacturers of ayurvedic medicines in the districts of saran and vaishali have not been manufacturing medicinal preparations containing alcohol according to their installed capacity. ..... high court held that merely because a manufacturer of medicines makes a defects free application for grant of licence under the excise act and the rules, his application need not be granted as the licensing authority has also to take into consideration the object of the statute, nature of the products etc ..... , allow this appeal, set aside the judgment and order passed by the high court and also the orders passed by the state government and the commissioner of excise and direct him to consider the application of the appellant afresh and decide the same on its own merits and in accordance with law. ..... on 24-3-1995, they applied to the commissioner of excise for a licence in form l-i under the medicinal and toilet preparation (excise duties) act, 1955 and the rules made thereunder for manufacturing medicinal preparations containing .....

Swastik Pesticides and Chemicals thro' Vijaykumar Vs. the State of Guj ...

Court : Gujarat

Reported in : (2005)3GLR2027

..... special statute like food adulteration act, drugs and cosmetics act, this court has turned down the proceedings in all cases where it was found that mandatory provisions of the act are violated and such violation is likely to ..... has observed that such a situation, conjoint reading of relevant sections and the scheme should be made and the apex court read a section of sections 21, 22 and 24 of the act and ultimately, expressed the view that the complaint requires to be ..... may, of its own motion or in its discretion at the request either of the complainant or of the accused, cause the sample of the insecticide produced before the magistrate under sub-section (6) of section 22 to be sent for test or analysis to the said laboratory, which shall make the test or analysis and report in writing signed by, or under the authority of, the director of the central insecticides the result thereof ..... that the complainant has failed to comply with the mandatory provision of section 22(6)(ii) of the act by not providing the copy of the sample before the court while instituting criminal ..... complainant to suppressed the material fact before the hon'ble court of chief judicial magistrate with an intention to restrict the court to apply their own discretion, and could have sent the sample in their own motion to the central insecticides laboratory for re-testing. ..... the accused-company has, therefore, applied for dismissal of the complaint and according discharged the accused-company from the prosecution vide .....

Rohit Chunubhai Mehta Vs. Gujarat State Fertilizer Co. Ltd.

Court : Gujarat

Reported in : 2004CriLJ2298; (2004)3GLR1952

..... pratap chand [ (1981) 2 scc 335] wherein the question as who is a 'person in charge' of the business of a firm in the context of section 18-a of the drugs and cosmetics act, 1940 was considered by this court. ..... nanavati, appearing for the original complainant, submitted that not only the complaints contained necessary averments to, prima facie, make out the cases of offences under section 138 of the ni act and sections 420 and 114 of the indian penal code, but the statement on oath of the complainant recorded below the complaint substantiated the allegations in clear terms. ..... .....however, one thing is clear that the appellant was in no way involved in any of the transactions referred to in the complaint and it was not stated that she was in charge of the business and was responsible for the conduct of the business of the firm in terms of section 141 of the act nor was there any other allegation made against the appellant that she has connived with any other partner in the matter of issue of cheque. ..... such being the statutory scheme, the relevant provisions have to be so interpreted and applied as to further the objective and prevent their frustration.9.1 it is true that, in case of the offence by a company, a person, for being charged with the offence, has to be shown to be in charge of and responsible to the company in the conduct of its business. .....

Amrutanjan Limited Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1992)(38)ECC229

..... the contentions of the appellants that as per the section 3(b) of the said act, all formulations containing only such ingredients mentioned in formulae described in the authoritative books of ayurvedic system of medicine specified in the first schedule but does not include a medicine which is administered by parenteral route and also a formulation included in the authoritative books as specified in clause (a) of section 3 of drugs and cosmetics act, 1940 has been rejected by the revenue. ..... para-21 (para 22 of 25 ecc7): the drugs and cosmetics act in the amended first schedule after the amendment act of 1964 included ayurvedic (including siddha) and unani system drugs prepared under section 3(a) which contains the definition. ..... this product is manufactured under drug licence in form 25-d which is the licence issued under rule 154 of the drugs and cosmetics rules, 1945 for manufacture and sale of ayurvedic (including siddha) or unani medicine. ..... save as otherwise provided in this act, nothing contained in this chapter shall apply to ayurvedic (including siddha) or unani drugs. ..... section 33a said that chapter iv was not to apply to ayurvedic (including siddha) or unani drugs. .....

Bhoruka Industries (P) Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1992)(59)ELT652TriDel

..... admittedly, this product 'kajal' has not been manufactured as per the formula laid down in any of the specified books of ayurveda as mentioned in the first schedule of the drugs and cosmetics act, 1940 and as such it cannot be treated as ayurvedic medicine as defined in section 3(a) of the drugs and cosmetics act, 1940. ..... the learned additional collector rejected their contention and has held that in order to qualify as an ayurvedic drug, the preparation should satisfy the definition given in section 3(a) of drugs and cosmetics act, 1940 which had inter alia mentioned that the ayurvedic drug be processed and manufactured exclusively in accordance with the formulae, described in the authoritative books of ayurvedic systems of medicines specified in the first schedule. ..... the definition of word 'ayurvedic medicines' given in section 3(a) of the drugs and cosmetics act, 1940 cannot be made use of for the purpose of classifying a product under central excise tariff. ..... applying the ratio of this decision to the case at hand, it seems to us obvious that the relationship that is established between the manufacturer and the dealer as regards the sale of the products manufactured by the petitioners is of a seller and a buyer and thus, the observation of the supreme court in hindustan sugar mills' case (above) became most relevant. ..... murthy, learned jdr arguing for revenue contended that the principles laid down in amrutanjan's case squarely apply to the facts of this case. .....

Bgp Products Operations Gmbh and Anr. Vs.uoi and Ors.

Court : Delhi

..... of oxytocin by companies to whom licenses have already been granted should be considered; and whereas, the drugs technical advisory board constituted under section 5 of the drugs and cosmetics act, 1940 (23 of 1940) considered the said issue in its meeting held on the 12th february 2048 and recommended that oxytocin formulations for human use be regulated and restricted to be supplied only to registered hospitals and clinics in public and private sector to prevent misuse of the said drug; and whereas, the central government, on the basis of the recommendations of the said ..... the help of the local police could also be enlisted to book cases under prevention of cruelty to animals act, 1960, the drugs and cosmetics act, 1940 does not permit the sale of the drug except under proper prescription. ..... for bihar the data given specifically stated to be "not for the misuse of oxytocin injection in dairy and vegetable industry but for the violation of the provisions of the drugs and cosmetics act & rules". ..... the continued use of oxytocin in the present case is an express indication of the conditions under section 26a do not apply. ..... again, it was held in in khoday distilleries v state of karnataka 1996 (10) scc304 that: the tests of arbitrary action which apply to executive actions do not necessarily apply to delegated legislation. ..... the tests of arbitrary action applicable to executive action do not necessarily apply to delegated legislation. .....

Rajesh Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 159(2009)DLT559

..... similarly, section 2 of the drugs and cosmetics act, 1940 made it clear that the provisions of that act would be in addition to and not in derogation of the dangerous drugs act, 1930 and any other law for the time being in force. ..... consequently, the supreme court was of the view that inasmuch as the ndps act would in itself not apply, section 37 thereof would, prima facie have no application in view of the exception contained in section 8 thereof read with the ndps rules. ..... rule 63 to which our attention has been drawn specifically prohibits import and export of consignments through a post office box but keeping in view the general provisions contained in rule 53 the same must be held to apply only to those drugs and psychotropic substances which are mentioned in schedule-i of the rules and not under the 1985 act. ..... rule 53, which we have already extracted above, contains the general prohibition that subject to the other provisions of chapter vi, import into and export out of india of narcotic drugs and psychotropic substances specified in schedule-i is prohibited provided that the said rule would not apply in case the narcotic drug and psychotropic substance, which is to be imported into or exported out of india, is subject to an import certificate or export authorisation issued under the provisions of chapter vi and for the purposes mentioned in chapter vii-a. .....

Curewell Drugs & Pharmaceuticals Pvt. Ltd. & Anr. Vs.ridley Life Scien ...

Court : Delhi

..... it is stated in the said affidavit that the orders of this court were placed before the drugs technical advisory board ( dtab ) constituted under section 5 of the drugs and cosmetics act, 1940 as also the drugs consultative committee cs (comm) 1071/2018 page 7 of 15 ( dcc ) constituted under section 7 of the drugs and cosmetics act, 1940. ..... during the meeting it was discussed that the brand name / trade name in case of pharmaceuticals is neither controlled by the licensing authority under the drugs and cosmetic act 1940 & rules 1945, nor the trademarks office at present which leave scope for having for different drugs manufactured and sold in the country, which may create a situation which is very detrimental to patient safety and the trade names which are not registered and repeated for different drugs can create confusion. ..... during the meeting it was discussed that the brand name/trade name in case of pharmaceuticals is neither controlled by the licensing authority under the drugs and cosmetic act 1940 & rules 1945, nor the trademarks office at present which leave scope for having for different drugs manufactured and sold in the country, which may create a situation which is very detrimental to patients safety and the trade names which are not registered and repeated for different drugs can create confusion. .....